Ordered that the orders are reversed insofar as appealed from, on the law, with costs, those branches of the defendant's motion which were for summary judgment dismissing the complaint and on its counterclaim to foreclose the mortgage, and for an order of reference are denied, and those branches of the plaintiff's cross motion which were for summary judgment on the complaint, and pursuant to CPLR 3211(a) to dismiss the counterclaim to foreclose the mortgage as time-barred...
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